Legal Question in Family Law in Pennsylvania
Want to leave the state
Here's the situation...I am married to my daughters father and I want to get a divorce and move to Florida with my old boyfriend which is a better life for both of us.But I am afraid that he will make it so I can not leave the state. He doesn't know that I want to do any of this so I need to know what is the best way if at all that I can do this. I have thought about just leaving and taking her with me but I am scared. He has always said that if I leave he will get full custody of our daughter but doesn't he have to prove me unfit?
3 Answers from Attorneys
Re: Want to leave the state
Since you are legally married and want a divorce, the issue of custody will be brought up in the divorce. The courts will allow you to take your child out of state if that would be in the child's best interest. A custody order will have be constructed to allow the child to visit with Dad here in PA. Those type of arrangements are often done. It is not an easy road and you need to consult with an attorney
Re: Want to leave the state
Unless a parent is unfit they are generally awarded joint legal if not joint physical custody. The most frequent method of proving a parent unfit is drug or alcohol abuse, or physical or mental abuse of the children. I offer free consultations.
Re: Want to leave the state
The laws in regard to interstate custody matters and the ability of a parent to leave the home state with the child are complicated and it is not possible to give any blanket advice in this kind of case. It is important that you consult with an experienced domestic relations attorney concerning any actions you are contemplating. When you provide all the details to the attorney she will be able to help you to decide upon a course of action.
I wish you the best. If I can be of any service to you, feel free to call my office.
Ilene Young, Esquire/ Civil & Family Practice/215-444-0445
NOTICE
As you are not a client of our firm, discussion of the above topic is provided for informational purposes only and does not constitute legal advice. Applicability of the legal principles discussed may differ substantially in individual situations, different counties, or in different states. If you have a specific concern or legal problem, do not rely on these materials. Be sure to seek the advice of an attorney about your particular situation and facts.